PROJECT MANUAL VILLAGE EAST NEIGHBORHOOD PARK GUIDELINES AND STANDARDS FOR CONSTRUCTION WINDSOR, COLORADO

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1 PROJECT MANUAL GUIDELINES AND STANDARDS FOR CONSTRUCTION VILLAGE EAST NEIGHBORHOOD PARK WINDSOR, COLORADO Date: October 2018

2 INTENTIONALLY LEFT BLANK Village East Neighborhood Park

3 VILLAGE EAST NEIGHBORHOOD PARK WINDSOR, COLORADO Project Team: OWNER TOWN OF WINDSOR 301 WALNUT ST. WINDSOR, CO CONTACT: ERIC LUCAS PROJECT MANAGER TOWN OF WINDSOR 250 N. 11 th Street WINDSOR, CO CONTACT: TARA FOTSCH LANDSCAPE ARCHITECT DESIGN CONCEPTS 211 PUBLIC ROAD, STE. 200 LAFAYETTE, CO CONTACT: CARTER MARSHALL CIVIL ENGINEER JVA, INC. 213 LINDEN STREET, SUITE 200 FORT COLLINS, CO Village East Neighborhood Park

4 CONTACT: BRIAN J. CAMPBELL Project Team (Cont.): STRUCTURAL ENGINEER JVA, INC SPRUCE STREET BOULDER, CO CONTACT: DEREK M. PEDERSEN ELECTRICAL ENGINEER ACKERMAN ENGINEERING, INC YOUNGFIELD ST., SUITE 264 WHEAT RIDGE, CO CONTACT: HELEN RESCHL Village East Neighborhood Park

5 VILLAGE EAST PARK SITE IMPROVEMENTS WINDSOR, COLORADO List of Drawings 00 COVER SHEET 1 EXISTING CONDITIONS LS 1.0 LS 2.0 LS 3.0 LS 4.0 LS 5.0 LS 6.0 LS 7.0 LS 8.0 C 01 C 02 C 03 C 04 C 05 C 06 C 07 IR 1A IR 2A IR 1B IR 2B IR 3 IR 4 OVERALL SITE PLAN DETAILED SITE PLANS PLAYGROUND PLAN LANDSCAPE NOTES AND DETAILS LANDSCAPE PLAN SITE DETAILS SITE DETAILS SITE DETAILS OVERALL UTILITY PLAN FINAL GRADING PLANS GRADING PLAN FINAL DRAINAGE PLAN FINAL EROSION CONTROL PLAN DETAILS AND NOTES DETAILS IRRIGATION PLAN (OPTION A: 1-INCH TAP) IRRIGATION PLAN (OPTION A: 1-INCH TAP) IRRIGATION PLAN (OPTION B: 1.5-INCH TAP) IRRIGATION PLAN (OPTION B: 1.5-INCH TAP) IRRIGATION DETAILS IRRIGATION DETAILS E0.0 ELECTRICAL COVER SHEET E1.0 ELEC. SITE PHOTOMETRIC PLAN E1.1 ELEC. SITE LIGHT FIXTURE DETAILS E2.0 ELEC ONE LINE E3.0 ELEC SITE PLAN Village East Neighborhood Park

6 INTENTIONALLY LEFT BLANK Village East Neighborhood Park

7 VILLAGE EAST NEIGHBORHOOD PARK Sealed bids will be received by: Town of Windsor (hereinafter called Owner) 250 N. 11 th Street Windsor, CO SECTION INVITATION TO BID at the Community Recreation Center front desk, 250 N. 11 th Street, Windsor, Colorado, until 4:00 pm, local time, November 9, 2018, for the proposed Village East Neighborhood Park construction project. Bids received after this time will not be accepted, and will be returned unopened. At said place and time, and promptly thereafter, all bids that have been duly received will be publicly opened and read aloud. All interested parties are invited to attend. Bids shall be a combination of lump sum and unit prices per the Bid Form. The Work of this Contract consists of constructing a neighborhood park, including but not limited to, earthwork, concrete work, utilities, irrigation, landscaping, electric, paths, installation of playground equipment and other park amenities, and restoration to anything damaged during construction, throughout the project area as described in the drawings and specifications. The Project must achieve final completion by May 31, Notice to Proceed is anticipated to take place between November 16, 2018 and November 23, 2018, based on contractor availability. The Project must be substantially complete in ninety (159) calendar days, and finally complete in one hundred eighty nine (189) calendar days from the Notice to Proceed. Bidding Documents are on file and may be examined at the office of the Owner at the address listed above. Bid Documents are available for pick up at 250 N. 11 th Street. Copies of the Bidding Documents for use in preparing and submitting Bids may be obtained at this address, upon receipt of $30.00, payable to Owner, for each complete set of Documents. Deposit for Bidding Documents is nonrefundable. Also, an electronic version of the Bid Documents and additional project information can be found at under the Services heading. All questions should be ed to Tara Fotsch at tfotsch@windsorgov.com by 5:00 pm on October 24, Responses will be posted by end of day October 29, Questions received after October 24, 2018, will not be answered. Village East Neighborhood Park

8 Each Bidder shall file with their Bid, an acceptable Bid Security in the form of a cashier's check, certified check or a bidder's bond in an amount not less than five percent (5%) of the total Bid in accordance with the Instructions to Bidders. No Bid may be withdrawn for the period of time after the date Bids are opened which is specified in the Bid Form. The Bidder to whom a Contract is awarded will be required to furnish a Performance Bond guaranteeing faithful performance and a Labor and Material Payment Bond guaranteeing payment of all debts arising out of the Work. Prior to the awarding of the Contract, the Town may defer its decision for a period not to exceed thirty (30) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract. Owner reserves the right to reject any or all Bids, to review and consider the bid alternates, to waive any informalities or irregularities therein, and to reject nonconforming, non-responsive, or conditional bids. The decision of the Owner shall be final. Signed By (Owner) END OF SECTION Village East Neighborhood Park

9 SECTION INSTRUCTIONS TO BIDDERS VILLAGE EAST NEIGHBORHOOD PARK PART 1 GENERAL 1.1 DEFINED TERMS A. Terms used in these Instructions to Bidders, which are defined in the General Conditions and the Supplementary Conditions, have the meanings assigned to them in the General Conditions and the Supplementary Conditions. The term Bidder means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term Successful Bidder means the lowest, qualified, responsible, responsive Bidder to whom Owner (on the basis of Owner s evaluation as hereinafter provided) makes an award. The term Bidding Documents includes the Advertisement or Invitations to Bid, Instructions to Bidders, the Bid Forms, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.2 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents for use in preparing bids may be obtained in accordance with the Invitation to Bid. B. Deposit for Bidding Documents is non-refundable. C. Partial sets of Bidding Documents will not be issued. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. D. Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 1.3 QUALIFICATIONS OF BIDDERS A. Each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence of their qualifications to perform the Work by executing the attached Bidder Evaluation Criteria Form. Bidders may be required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work. In determining the Bidder's qualifications, the following factors will be considered: work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the Work properly and expeditiously; (c) has the financial resources to meet all obligations incident to the Work; and (d) has appropriate technical experience. Village East Neighborhood Park

10 Each Bidder may be required to show that they have handled former work so that no just claims are pending against such work. No Bid will be accepted from a Bidder who is engaged on any work which would impair their ability to perform or finance this Work. B. Each Bid must contain evidence of Bidder's qualification to do business in the State of Colorado, or covenant to obtain such qualification prior to award of the contract. C. Owner reserves the right to conduct interviews of Bidder s management, superintendents, foreman, and staff as deemed necessary to assist in the evaluation of the Bidder s qualifications. 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder before submitting a Bid, to: (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance, or furnishing of the Work; (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents ; and (e) notify Owner of all conflicts, errors, or discrepancies in the Contract Documents. B. Before submitting any Bid, the Bidder shall examine the Contract Documents, as defined in the General Conditions, including all Addenda, and the project site and become totally familiar with each. Any inconsistencies, ambiguities, errors or omissions found in the Contract Documents or at the project site shall be brought immediately to the attention of the Owner. C. The Supplementary Conditions identify those drawings or physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings to the extent specifically identified in the Supplementary Conditions but not upon the completeness thereof for the purposes of bidding or construction. D. Copies of such reports and drawings are bound in the Bidding Documents for the Bidder's convenience. E. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. F. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may Village East Neighborhood Park

11 affect cost, progress, performance, or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. G. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all excavations and clean up and restore the site to its former condition upon completion of such explorations. H. Access to the site may be arranged by contacting Tara Fotsch, Manager of Recreation, at telephone number (970) In general, site access will be limited to normal working hours, 8:00 am to 5:00 pm. I. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this part, that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents. Unless indicated otherwise within the Contract Documents, Contractor is responsible for all such means, methods, techniques, sequences or procedures of construction as may be required for performing and furnishing the Work, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. The Contractor, by the execution of the Agreement, shall in no way be relieved of any obligation under it due to their failure to receive or examine any form or legal instrument or to visit the site and acquaint themselves with the conditions there existing, and the Town will be justified in rejecting any claim based on facts regarding which they should have been on notice as a result thereof. 1.5 AVAILABILITY OF LANDS FOR WORK, ETC. A. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 1.6 INTERPRETATIONS AND ADDENDA A. All questions about the meaning or intent of the Contract Documents are to be submitted in writing to the Town. Replies will be issued only by Addenda. Questions received less than ten (10) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Other interpretations, assumptions, or clarifications will be without legal effect. Village East Neighborhood Park

12 B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. C. Addenda will be mailed to all parties recorded by Engineer as having received the Bidding Documents and will be on file in the office of the Town Engineer, but it shall be the Bidder s responsibility to make inquiry as to the Addenda issued. No Addenda will be issued later than five (5) days prior to the date for receipt of Bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids. 1.7 BASIS OF BIDS A. Each Bidder shall submit a lump sum price and prices for all unit price items shown on the Bid Schedule within the Bid Form. Failure to comply may be cause for rejection. Bid security shall be based on the Bid. 1.8 UNIT PRICES A. The quantities appearing in the Bid Schedule within the Bid Form are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the Agreement. The scheduled quantities of work to be done and materials to be furnished may be increased, decreased, or omitted as hereinafter provided. B. The unit price for each of the several items in the proposal of each bidder shall include its prorata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. The special attention of all bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive, increase or decrease the original contract price by more than twenty-five (25%) percent, except for work not covered in the Drawings and Technical Specifications as provided for in the Contract Documents. 1.9 BID SECURITY A. Bid Security shall be made payable to Owner, in an amount not less than five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a Surety company listed in the latest issue of U.S. Treasury Circular 570, to secure the Bid. The amount of such Bid Bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. B. The Bid Security of all bidders will be retained until Successful Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the Village East Neighborhood Park

13 required Contract Security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7 th ) day after the effective date of the Agreement (which term is defined in the General Conditions ) by Owner to Contractor and the required Contract Security is furnished or the first (1 st ) day following the end of the time specified on the Bid Form during which the Bids shall remain open. Bid Security of other Bidders will be returned within seven (7) days of the Bid opening CONTRACT TIME A. The date by which the Work is to be finally complete, as set forth in the Agreement LIQUIDATED DAMAGES A. The Contractor shall pay to the Owner, as liquidated damages and not as a penalty, a sum determined from the schedule of Liquidated Damages as set forth in the Agreement and the Supplementary Conditions, per day for each and every day s delay in completing all or any designated portion of the Work called for under the Contract, in all parts and requirements, within the time set forth in the Agreement and the Notice to Proceed SUBSTITUTE AND OR-EQUAL ITEMS A. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or or-equal items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or or-equal item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the effective date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the General Requirements. B. Whenever a material or article is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, the specified item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturers' products will be accepted provided sufficient information is submitted to allow Engineer to determine that the products submitted are equivalent to those named. Applications for such review will not be considered by Engineer until after the effective date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the General Requirements SUBCONTRACTORS, SUPPLIERS AND OTHERS A. The Owner may require the identity and specified details of certain Subcontractors and other persons and organizations to be submitted in advance of the Notice of Award by Village East Neighborhood Park

14 executing the attached Subcontractor Listing form. The apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the day of the Bid opening, submit to the Owner on said form, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment that will be utilized during this project. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may, before granting the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but their declining to make any such substitution will not constitute grounds for sacrificing their Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the granting of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Conditions. B. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. C. No Contractor shall be required to employ any Subcontractor, other person or organization against whom they have reasonable objection SUBCONTRACTOR LISTING A. Each bidder, when requested by Owner, shall list on the Subcontractor Listing form provided, the name and the address of each subcontractor who will perform work or labor, or render service to the Bidder in or about the Work; or a licensed subcontractor who, under subcontract to the Bidder, specially fabricates and installs a portion of the Work and the portion of the Work which will be done by each subcontractor. B. If a Bidder fails to specify a subcontractor for any portion of the work to be performed under this contract, they agree to perform that portion themselves. If a subcontractor is not listed, the Contractor must obtain written approval from the Owner prior to allowing the Subcontractor to do any work on the job site BID FORM A. The Bidder shall submit their proposal upon the Bid Form attached hereto; additional copies may be obtained from Owner. B. On the Bid Schedule within the Bid Form, the Bidder shall specify a unit price in figures for each pay item for which a quantity is given and shall also show the products of the Village East Neighborhood Park

15 respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items. At the bottom of the last page of the Bid Schedule, Bidder shall write out in words, the total amount of the Bid for that particular Bid Schedule. All the words and figures shall be completed in ink or by typewriter. In case of a discrepancy between the prices written in words and those written in figures, when both are required, the prices written in words shall govern. C. All blank spaces in the Bid Form must be completely filled out in ink or typewritten when submitted. All Bid Documents shall be filled out completely and submitted in total. Where a blank space answer does not apply to Bidder, insert N/A. D. Bidders shall provide bids for the Bid Schedule provided. Bid security shall be based on the amount of the Bid. E. Bid by corporations must be executed in the corporate name by the president or a vicepresident (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. F. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. G. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. H. The names of all persons signing must also be legibly printed or typed below the signature. A Bid by a person who affixes to their signature the word president, secretary, agent, or other designation without disclosing their principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished. I. The full name of each person or company interested in the Bid shall be listed on the Bid Form. J. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form ). K. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. No alternation in any Bid, or in the form on which it is submitted, shall be made after the Bid has been submitted. L. The address to which communications regarding the Bid are to be directed must be shown. Village East Neighborhood Park

16 1.16 SUBMISSION OF BIDS A. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope addressed to and identified on the outside with the Bidder's name, and address and with the words VILLAGE EAST NEIGHBORHOOD PARK. B. Each bid shall be accompanied by appropriate bid documents (lump sum or unit price): the Bid Form, the Bid Security (Bond), and any other required documents. C. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation BID ENCLOSED on the face thereof. D. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. E. Oral, telephone, , facsimile (FAX) or telegraph Bids are invalid and will not receive consideration. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association MODIFICATION AND WITHDRAWAL OF BIDS A. Bids submitted early may be modified or withdrawn by notice to the party receiving Bids at the place and prior to the time designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or be by telegram; if by telegram, written confirmation over the signature of Bidder must have been mailed and postmarked on or before the date and before time set for receipt of Bids; it shall be so worded as not to reveal the amount of original Bid. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided they can prove their identity and authority. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. B. If, within twenty four (24) hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of their Bid, that Bidder may withdraw their Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work OPENING OF BIDS A. At the time and place fixed for the opening of Bids, the Town will open and publicly read aloud every Bid and Bid Alternates received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested Village East Neighborhood Park

17 may be present, in person or by representative. An abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE A. All Bids shall remain open and subject to acceptance for the period of time specified in the Bid Form, but Owner may, in their sole discretion, release any Bid and return the Bid Security prior to that date. B. No right to claim mistake shall exist for Bidder following the twenty four (24) hour period after the bid opening AWARD OF CONTRACT A. Owner reserves the right to reject any and all Bids, to waive any and all informalities or technicalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum or product of figures and the correct sum or product thereof will be resolved in favor of the correct sum or product. B. In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid Form, but Owner may accept them in any order or combination. C. Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Subcontractor Listing form and the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. D. Owner may conduct such investigations as they deem necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors, and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. E. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. Village East Neighborhood Park

18 F. If the contract is to be awarded it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. G. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the time specified in the Bid Form for Bids to remain open CONTRACT SECURITY A. The General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security SIGNING OF AGREEMENT A. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by unsigned counterparts of the Agreement and all other Contract Documents, as indicated in the Supplementary Conditions. B. Three (3) copies of the Contract Documents will be prepared by Engineer. All copies will be submitted to Contractor and Contractor shall execute the Contract Agreement, insert executed copies of the required bonds and power of attorney and submit all copies to Owner within ten (10) days. The date of Contract on the Contract and Bond Forms and the certification date on the power-of-attorney shall be left blank for filling in by Owner. C. Owner will execute all copies, insert the date of Contract on the Contract Bond Forms and on the power-of-attorney, and transmit all copies to Engineer within ten (10) days for review and distribution. Distribution of signed copies will be one copy each to Owner, Contractor, Sureties, and Engineer. Contractor shall be responsible for distribution of copies to the sureties. D. There shall be no Contract between Bidder and Owner until the Agreement in the Contract Documents is signed by Owner SALES AND USE TAXES A. Owner is exempt from State Sales and Use Taxes on materials and equipment to be incorporated in the Work (exemption No ). B. All bids for the Work in this Contract shall exclude all sales, use, and any other taxes otherwise collected by the Colorado Department of Revenue. C. Refer to Supplementary Conditions for additional information NONDISCRIMINATION IN EMPLOYMENT A. Contract for the Work hereunder will obligate the contractors and subcontractors not to discriminate in employment practices and to certify to affirmative action plans. Village East Neighborhood Park

19 B. Bidders must, when requested, submit a signed statement as to whether they have previously performed work subject to Executive Order C. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract. D. Successful bidders must, if requested, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect that said labor pools' practices and policies are in conformity with Executive Order and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the contract or, a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the contract. PART 2 MATERIALS Not Used PART 3 EXECUTION Not Used END OF SECTION Village East Neighborhood Park

20 SECTION AGREEMENT VILLAGE EAST NEIGHBORHOOD PARK This Agreement is by and between Town of Windsor (hereinafter called Owner) and a (Corporation/Partnership/Individual) 1, doing business as of Weld County, and State of Colorado (hereinafter called Contractor); Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: PART 1 WORK 1.1 The Work of this Contract consists of constructing a neighborhood park, including but not limited to, earthwork, flatwork, utilities, irrigation, landscape, electric, paths and plaza areas, installation of playground equipment and other park amenities, and restoration to anything damaged during construction, throughout the project area as described in the drawings and specifications. PART 2 THE PROJECT 2.1 The project for which the work under the Contract Documents, which may be the whole or only a part of, is generally described as follows: VILLAGE EAST NEIGHBORHOOD PARK PART 3 ENGINEER 3.1 The Town shall assume the duties and responsibilities of the Resident Project Representative during construction. All references pertaining to Engineer during construction are intended for the Resident Project Representative. PART 4 CONTRACT TIMES 4.1 TIME IS OF THE ESSENCE A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 4.2 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT A. The Project is to be substantially complete in ninety (90) calendar days, and completed and ready for final payment in accordance with paragraph of the General Conditions within one hundred five (105) calendar days from the date of the Notice to Proceed. Village East Neighborhood Park

21 Footnote: 1 Indicate as necessary 4.3 LIQUIDATED DAMAGES A. Contractor understands and agrees that time is an essential condition of the Contract. Contractor further understands and agrees that delay in completion of the project will cause Owner to suffer substantial losses and damages which cannot be measured, including without limitation the loss of revenues for services, loss of other revenue incidental to the operation of the facility, additional engineering, legal, accounting and administrative costs, reduced public confidence and adverse public relations which would reduce future revenues, and additional interest and financing costs and charges if the Work is not completed within the times specified in paragraph 4.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or mediation proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring proof of such losses and damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 4.2 for Substantial Completion, until the Work is substantially complete. B. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 4.2 for final completion and readiness for final payment until the Work is finally complete and ready for final payment. C. Owner shall have the right to deduct the liquidated damages from any money in its hands, otherwise due, or to become due, to Contractor, or to sue for and recover compensation for damages for nonperformance of this Contract within the time stipulated. D. Any Liquidated Damages payable by Contractor may, at Owner s election, be deducted from any amounts owed to Contractor. In the event no funds are due Contractor at a time when Contractor becomes liable to Owner for Liquidated Damages, then Contractor agrees to pay all accrued Liquidated Damages to Owner on the first (1 st ) day and on the fifteenth (15 th ) day of each month. When Contractor is liable to Owner for Liquidated Damages, permitting Contractor to continue and finish the Work, or any part thereof after the deadline for completion of the Work, shall not act as a waiver of these Liquidated Damages provisions. E. The aggregate liability of Contractor to pay Liquidated Damages pursuant to this section shall not exceed an amount equal to fifty percent (50%) of the Contract Price. This Section shall not be construed to limit Contractor s other obligations or liabilities arising under or in connection with this Contract. F. In the event that this section conflicts with any other provisions regarding Liquidated Damages within the Contract Documents, this section shall control. Village East Neighborhood Park

22 PART 5 CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents, an amount in current funds as follows: Total of Bid: and. ($ ). 5.2 As provided in paragraph of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph of the General Conditions. A. For all Work, at the prices stated in Contractor s Bid, attached hereto as an exhibit and all extra work in connection therewith, under the terms as stated in the General Conditions and Supplementary Conditions of the Contract, the Terms and Conditions of the Contract, and the Labor Standards Provisions of the Contract, if any; and at their own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bid Proposal, the General Conditions, and Supplementary Conditions of the Contract, the plans which include all maps, details, and other drawings and printed or written explanatory matter thereof, the Specifications and Contract Documents. B. Pursuant to the requirements of Section , Colorado Revised Statutes, the Owner has appropriated an amount of money equal to amount listed above, for the Work to be performed under this Contract. C. The Owner is prohibited from issuing any Change Order or other form of order or directive requiring additional compensable Work to be performed by Contractor, if such directive causes aggregate amount under the Contract to exceed amount appropriated for the original Contract, unless Contractor is given written assurance by Owner that lawful appropriations to cover costs of additional Work have been made or unless such work is covered under remedy-granting provision in the Contract. Remedy-Granting Provision means any Contract clause that permits additional compensation in the event that a specific contingency or event occurs. Such term shall include, but not be limited to, change clauses, differing site conditions clauses, variation in quantities clauses, and termination not-for-cause, clauses. PART 6 PAYMENT PROCEDURES 6.1 SUBMITTAL AND PROCESSING OF PAYMENTS A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions and Section Applications for Payment will be processed by Engineer or Owner as provided for in the General Conditions and Section PROGRESS PAYMENTS; RETAINAGE A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor s Applications for Payment as recommended by Engineer on a mutually Village East Neighborhood Park

23 acceptable day of each month following satisfactory performance of the Work as provided in paragraphs 6.2.A.1 and 6.2.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions [and in the case of Unit Price Work based on the number of units completed] or, in the event there is no schedule of values, as provided for in the General Requirements : 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with paragraph of the General Conditions : a. Ninety-five percent (95%) of Work completed; and b. Ninety-five percent (95%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Stored materials and equipment retainage will be released when the materials and equipment are incorporated in the Work. 2. Amounts withheld pursuant to this Section shall be held by Owner until final payment becomes due, as described in paragraph of the General Conditions, except for amounts withheld pursuant to a verified statement of claim filed in accordance with Section , Colorado Revised Statutes for which a release was not provided to Owner prior to the time at which final payment becomes due, and shall be distributed thereafter as provided in Sections et seq. and et seq., Colorado Revised Statutes. 3. If Owner determines that satisfactory and substantial reasons exist to reduce the retainage below five percent (5%) after Substantial Completion, written approval from the Surety shall be required before retainage is reduced below five percent (5%). Consent of the Surety, signed by an agent, must be accompanied by a certified copy of such agent s authority to act for the Surety. 4. The Owner may, at his discretion and at any time, reduce payments to Contractor to ninety percent (90%) of the Work completed and materials and equipment not incorporated in the Work if Engineer determines that Contractor is not making satisfactory progress. 6.3 FINAL PAYMENT A. Upon final completion and acceptance of the Work in accordance with paragraph of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph within sixty (60) days after the contract is completed satisfactorily and finally accepted by the Owner. PART 7 INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear statutory interest rate. PART 8 CONTRACTOR S REPRESENTATIONS 8.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents and has given Owner written notice Village East Neighborhood Park

24 of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered and the written resolution thereof by Engineer is acceptable to Contractor. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work and is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has carefully studied all (if available): (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions ; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. D. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. E. Contractor agrees to perform all of the Work described in the Contract Documents, and comply with the terms therein for the lump sum price given in the Bid Form. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor warrants and guarantees to Owner and Engineer that all Work will be in accordance with the Contract Documents and will not be defective within two (2) years of Substantial Completion or such longer period of time in accordance with paragraph of the General Conditions. Village East Neighborhood Park

25 PART 9 CONTRACT DOCUMENTS 9.1 CONTENTS A. The Contract Documents consist of the following: 1. This Agreement ; 2. The Performance Bond ; 3. The Labor and Material Payment Bond ; 4. Certificates of Insurance 5. The following will be executed as part of the closeout of the project: a. Notice of Final Payment b. Evidence of Payment and Waiver of Claims c. Certificate of Substantial Completion d. Certificate of Final Completion e. Final Application for Payment 6. Other Bonds; a. ; b. ; c. ; 7. General Conditions ; 8. Supplementary Conditions ; 9. Specifications as listed in the table of contents of the Project Manual; 10. Drawings, consisting of 32 sheets total, with each sheet bearing the following general title: VILLAGE EAST NEIGHBORHOOD PARK, Dated: Released for Bid. 11. Addenda (numbers _1_ to _3, inclusive); 12. Exhibits to this Agreement (enumerated as follows): a. Instructions to Bidders b. Contractor s Bid, as presented on the Bid Form ; c. Notice of Award d. Notice to Proceed ; e. Documentation submitted by Contractor prior to Notice of Award ; f. : 13. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. PART 10 MISCELLANEOUS 10.1 TERMS A. Terms used in this Agreement will have the meanings indicated in the General Conditions. Village East Neighborhood Park